A. On October 28, 2013, the Plaintiff entered into a contract with the Defendant for the construction of mushroom cultivation with the following terms (hereinafter “instant construction contract”).

The place of construction: The contract amount of C Construction from November 1, 2013 to November 15, 2013: the contract amount of KRW 78,100,000: the value of the supply of KRW 270,000 (including KRW 2,000,000): The payment method of KRW 808,00: The payment period for the construction amount shall be within 10 days after the completion of the inspection: One year after the completion of the inspection.

B. Since then, the Defendant paid to the Plaintiff the sum of KRW 5 million on December 5, 2013, and KRW 6 million on December 13, 2013, and agreed with the Plaintiff to exclude the installation of an air-resistant practice equivalent to KRW 43.2 million from the instant construction.

In addition, on November 5, 2013, the Plaintiff paid KRW 1,00,000 on behalf of the Plaintiff to D, a subcontractor, and the total amount of KRW 12,078,00 from November 1, 2013 to December 2013.

C. Meanwhile, around November 2013, the Plaintiff commenced the instant construction project and completed the construction project on or around January 2014. At the time of concluding the instant construction contract, the size of mushroom cultivation area on the design drawings submitted by the Plaintiff was approximately 45 square meters, and the actual completed area was approximately 35 square meters.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 3, and Eul evidence 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the facts as seen earlier prior to the determination of the cause of the claim, the Defendant is obligated to pay the Plaintiff the accrued construction cost of KRW 18,522,00 (=80,800,000 - KRW 6,000,000 - KRW 43,200,000 - KRW 1,000,000 - KRW 12,078,000) and damages for delay, barring special circumstances.

B. The defendant's assertion 1 is first of all, that part of this part is merely about 35 square meters, where the plaintiff set up and set up a mushroom growing 45 square meters.